Commentary

Understanding the DOJ’s Decision To Seek a Jury Trial in the Google Ad Tech Case

The Department of Justice recently sued Google for conduct relating to its ad tech services, accusing the search giant of unlawful monopolization. In an...

Economists Are Still Right About Airline Deregulation!

Would increasing regulation of the U.S. airline industry resolve the issues that Americans have heard about and experienced in the past few months? Clifford...

How the ‘Market Share Opportunism’ of Investment Advisers is Harming Investors and Public Companies

Investment advisors on both sides of the aisle have coopted ESG for their own exploitative marketing tactics to increase their own assets under management...

How To Really Fix Banking

Laurence Kotlikoff and Rick Miller argue that banking as we know it is dying. It’s time to arrange a smooth transition to limited purpose...

Structuring a Structural Presumption for Merger Review

The consumer welfare standard can’t be saved with more theory. The problem is how it works in practice, and solving that means changing the...

Race and the Consumer Welfare Standard

The consumer welfare standard employs a collective consumer in its model when evaluating possibly anticompetitive behavior. This aggregated approach fails to recognize that such...

Today’s Tax Code Empowers Monopolistic Corporations. It Has Been and Can Be Different

Niko Lusiani and Susan Holmberg write that the United States should tax profitable corporations not just to raise revenue and redistribute unequal gains but...

The Effective Competitive Constraint Standard

The consumer welfare standard, which broadly considers higher output and lower prices as its primary goals, is not well equipped to monitor the numerous...

Locating Competitive Process Claims in the Consumer Welfare Debate

Debates about the consumer welfare standard have failed to produce a consensus around either its scope or an alternative standard. Regardless of the outcome...

The Life of Antitrust’s Consumer Welfare Model

“Consumer welfare” as an objective of antitrust law and regulation has its origins in several vague and even conflicting ideas of how to evaluate...

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